Foster Grandparent Program

Federal RegisterSep 3, 1998

Ask Donna

What actually matters in this document.

Text

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Parts 1208 and 2552

RIN 3045-AA18

Foster Grandparent Program

AGENCY: Corporation for National and Community Service.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Corporation for National and Community Service,

(hereinafter the ``Corporation''), proposes to amend the regulations

governing the administration of the Foster Grandparent Program (FGP).

These amendments will: implement changes in the program's authorizing

legislation; establish minimum program requirements with greater

clarity; update program operations to make them responsive to changes

that have occurred since the regulations were last published;

consolidate requirements from outdated sources into one user friendly

document; balance increased flexibility with increased responsibility

and accountability at the local level; and incorporate new concepts of

programming to highlight the accomplishments and impact of senior

service.

The format used is designed to make the requirements easy for local

sponsors and project managers to understand. It integrates related

topics under one heading for easy reference.

Upon adoption, the proposed amendments will supersede the old

ACTION regulation and FGP Operations Handbook 4405.90 dated January

1989.

DATES: Comments must be submitted on or before November 2, 1998.

ADDRESSES: Comments should be sent to the Corporation for National

Service, Director, National Senior Service Corps, 1201 New York Avenue,

N.W., Washington, D.C., 20525.

FOR FURTHER INFORMATION CONTACT: Rey Tejada at 202-606-5000 ext. 197.

SUPPLEMENTARY INFORMATION: The requirements governing the

administration of FGP projects are currently embodied in two documents:

45 CFR Part 1208 which was last published in the Federal Register on

June 10, 1983, and the FGP Operations Handbook. The proposed amendments

will combine all minimum program requirements in one document to make

it easier for interested parties to secure basic program information.

The proposed amendments include modifications to current program

requirements including those applicable to: the responsibilities of a

FGP sponsor, community participation in local project operations, full-

time project director, volunteer income eligibility, volunteer service

schedule, volunteer leave, client care plans, authority to approve

grants, waiver of non-federal support, ratio of volunteer cost

reimbursement, and compensation for service.

The proposed amendments also reflect changes in the program's

administrative structure resulting from the merger of the former ACTION

agency into the Corporation in April 1994.

Regulatory Flexibility Act and Unfunded Mandate Reform Act

The General Counsel, in accordance with the Regulatory Flexibility

Act (5 U.S.C. 606(b)), has reviewed this regulation and by approving

certifies that this proposed rule will not have a significant impact on

small business entities.

Under the Unfunded Mandates Reform Act of 1995, the Corporation

certifies that this proposed rule does not include any Federal mandate

that may result in the expenditure by State, local, and tribal

governments, in the aggregate, or by the private sector, of

$100,000,000 or more (adjusted annually for inflation) in any one year.

Paperwork Reduction Act of 1995

These proposed regulations have been examined under the Paperwork

Reduction Act of 1995 and have been found to contain no information

collection requirements.

[[Page 46964]]

Intergovernmental Review

This program is subject to the requirements of Executive Order

12372. The objective of the Executive order is to foster an

intergovernmental partnership and strengthened federalism by relying on

processes developed by State and local governments for coordination and

review of proposed Federal financial assistance. In accordance with the

order, this document is intended to provide early notification of the

Corporation's specific plans and actions for this program.

Executive Order 12866

This regulation has been drafted and reviewed in accordance with

Executive Order 12866. The Office of Management and Budget has reviewed

this rule and has determined that this rule is not a ``significant

regulatory action'' under Executive Order 12866, section 3(f),

Regulatory Planning and Review.

Participation in the Rulemaking

The FGP Program Council, a group established to provide advice to

the Corporation on program related issues, was consulted, reviewed and

gave recommendations on initial drafts of the proposed regulations.

Council membership is comprised of FGP project staff and sponsor

representatives, as well as selected staff from Corporation field

offices. A similar opportunity was given to all Corporation field

staff, a group that plays an important role in the implementation of

program regulations.

Distribution Table

------------------------------------------------------------------------

New 45 CFR

Old 45 CFR Part 1208 Part 2552

------------------------------------------------------------------------

1208.1-1................................................... 2552.11

1208.2-1................................................... 2552.21

1208.3-1................................................... 2552.31

1208.4-1................................................... 2552.41

1208.5-1................................................... 2252.51

2252.61

2252.71

2252.81

2252.91

2252.101

2252.111

2252.121

------------------------------------------------------------------------

List of Subjects

45 CFR Part 1208

Aged, Grant programs--social programs, Reporting and recordkeeping

requirements, Volunteers.

45 CFR Part 2552

Aged, Grant programs--social programs, Volunteers.

Accordingly, and under the authority of 42 U.S.C. 12501 et seq.,

the Corporation proposes to amend 45 CFR chapters XII and XXV as

follows:

PART 1208--[REDESIGNATED AS PART 2552]

1. Part 1208 in 45 CFR chapter XII is redesignated as part 2552 in

45 CFR chapter XXV and is revised to read as follows:

PART 2552--FOSTER GRANDPARENT PROGRAM

Subpart A--General

Sec.

2552.11 What is the Foster Grandparent Program?

2552.12 Definitions.

Subpart B--Eligibility and Responsibilities of a Sponsor

2552.21 Who is eligible to serve as a sponsor?

2552.22 What are the responsibilities of a sponsor?

2552.23 What are a sponsor's program responsibilities?

2552.24 What are a sponsor's responsibilities for securing

community participation?

2552.25 What are a sponsor's administrative responsibilities?

2552.26 May a sponsor administer more than one program grant from

the Corporation?

Subpart C--Suspension and Termination of Corporation Assistance

2552.31 What are the rules on suspension, termination, and denial

of refunding of grants?

Subpart D--Foster Grandparent Eligibility, Status and Cost

Reimbursements

2552.41 Who is eligible to be a Foster Grandparent?

2552.42 What income guidelines govern eligibility to serve as a

stipended Foster Grandparent?

2552.43 What is considered income for determining volunteer

eligibility?

2552.44 Is a Foster Grandparent a federal employee, an employee of

the sponsor or of the volunteer station?

2552.45 What cost reimbursements are provided to Foster

Grandparents?

2552.46 May the cost reimbursements of a Foster Grandparent be

subject to any tax or charge, be treated as wages or compensation,

or affect eligibility to receive assistance from other programs?

Subpart E--Foster Grandparent Terms of Service

2552.51 What are the terms of service of a Foster Grandparent?

2552.52 Under what circumstances may a Foster Grandparent be

allowed to serve a modified service schedule?

2552.53 What factors are considered in determining a Foster

Grandparent's service schedule?

2552.54 Under what circumstances may a Foster Grandparent's service

be terminated?

2552.55 Are Foster Grandparents eligible for leave?

Subpart F--Responsibilities of a Volunteer Station

2552.61 When may a sponsor serve as a volunteer station?

2552.62 What are the responsibilities of a volunteer station?

Subpart G--Foster Grandparent Placements and Assignments

2552.71 What is the required minimum number of eligible children in

a volunteer station?

2552.72 Must all Foster Grandparent placements be year-round?

2552.73 What requirements govern the assignment of Foster

Grandparents?

2552.74 Is a written care plan required for each volunteer station

and what purpose does it serve?

Subpart H--Children Served

2552.81 What type of children are eligible to be served?

2552.82 Under what circumstances may a Foster Grandparent continue

to serve a child beyond his or her 21st birthday?

Subpart I--Application and Fiscal Requirements

2552.91 Application and award process.

2552.92 Project funding requirements.

2552.93 Grants management requirements.

Subpart J--Non-Stipended Foster Grandparents

2552.101 What rule governs the recruitment and enrollment of

persons who do not meet the income eligibility guidelines to serve

as Foster Grandparents without stipends?

2552.102 What are the conditions of service of non-stipended Foster

Grandparents?

2552.103 Must a sponsor be required to enroll non-stipended Foster

Grandparents?

2552.104 May Corporation funds be used for non-stipended Foster

Grandparents?

Subpart K--Non-Corporation Funded FGP Projects

2552.111 Under what conditions can an agency or organization

sponsor a Foster Grandparent project without Corporation funding?

2552.112 What benefits are a non-Corporation funded project

entitled to?

2552.113 What financial obligation does the Corporation incur for

non-Corporation funded projects?

2552.114 What happens if a non-Corporation funded sponsor does not

comply with the Memorandum of Agreement?

[[Page 46965]]

Subpart L--Restrictions and Legal Representation

2552.121 What legal limitations apply to the operation of the

Foster Grandparent Program and to the expenditure of grant funds?

2552.122 What legal coverage does the Corporation make available to

Foster Grandparents ?

Authority: 42 U.S.C. 4950 et seq., 5011.

Subpart A--General

Sec. 2552.11 What is the Foster Grandparent Program?

The Foster Grandparent Program provides grants to qualified

agencies and organizations to engage older persons, particularly those

with limited incomes, in volunteer service to meet critical community

needs. Program funds are used to support Foster Grandparents in

providing supportive, person to person service to children with

exceptional or special needs. The program uses the skills and

experiences of individuals age 60 and over as a resource to address

local needs, and seeks to enrich the lives of older persons through

their participation in community service.

Sec. 2552.12 Definitions.

(a) Act. The Domestic Volunteer Service Act of 1973 as amended,

Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 396, 42 U.S.C. 4950 et seq.

(b) Adequate Staffing Level. The number of project staff or full-

time equivalent needed by a sponsor to manage NSSC project operations

considering such factors as: number of budgeted volunteers/Volunteer

Service Years (VSYs), number of volunteer stations, and the size of the

service area.

preceding 12 months including: the applicant or enrollee's income and,

the applicant or enrollee's spouse's income, if the spouse lives in the

same residence. The value of shelter, food, and clothing, may be

counted if provided at no cost by persons related to the applicant/

enrollee, or spouse.

(d) Care plan. A written description of a Foster Grandparent's

assignment with a child. The plan defines the goals for the child to be

attained through the relationship with a Foster Grandparent and the

specific activities to be performed by the Foster Grandparent in the

assignment.

(e) Chief Executive Officer. The Chief Executive Officer of the

Corporation appointed under the Trust Act.

(f) Child. Any individual 21 years of age or under.

(g) Children having exceptional needs. Children who are

developmentally disabled, such as those who are mentally retarded,

autistic, have cerebral palsy or epilepsy or are visually impaired,

speech impaired, hearing impaired, orthopedically impaired, have

multiple disabilities, are emotionally disturbed or have a language

disorder, specific learning disability or other significant health

impairment. Existence of a child's exceptional need shall be verified

by an appropriate professional, such as a physician, psychiatrist,

psychologist, registered nurse or licensed practical nurse, speech

therapist or educator before a Foster Grandparent is assigned to the

child.

(h) Children with special needs. Children who are abused or

neglected; in need of foster care; adjudicated youth; homeless youths;

certain teen-age parents; and children in need of protective

intervention in their homes. Existence of a child's special need shall

be verified by an appropriate professional before a Foster Grandparent

is assigned to the child.

(i) Corporation. The Corporation for National and Community Service

established under the Trust Act. The Corporation is also sometimes

referred to as ``CNCS''.

(j) Cost Reimbursements. Reimbursements provided to volunteers such

as stipends to cover incidental costs, meals, and transportation, to

enable them to serve without cost to themselves. Also included are the

costs of annual physical examinations, volunteer insurance and

recognition which are budgeted as Volunteer Expenses.

(k) In-home. The non-institutional assignment of a Foster

Grandparent in a private residence or a foster home.

(l) Letter of Agreement. A written agreement between a volunteer

station, the sponsor and the parent or persons legally responsible for

the child served by the Foster Grandparent. It authorizes the

assignment of a Foster Grandparent in the child's home, defines the

Foster Grandparent's activities and delineates specific arrangements

for supervision.

(m) Memorandum of Understanding. A written statement prepared and

signed by the Foster Grandparent project sponsor and the volunteer

station that identifies project requirements, working relationships and

mutual responsibilities.

(n) National Senior Service Corps (NSSC). The collective name for

the Foster Grandparent Program (FGP), the Retired and Senior Volunteer

Program (RSVP), the Senior Companion Program (SCP), and Demonstration

Programs established under Title II Parts A, B, C, and E, of the Act.

NSSC is also referred to as the ``Senior Corps''.

(o) Non-Corporation Support (Required). The percentage share of

non-Federal cash and in-kind contributions, required to be raised by

the sponsor in support of the grant.

(p) Non-Corporation Support (Excess). The amount of non-Federal

cash and in-kind contributions generated by a sponsor in excess of the

required percentage.

(q) Parent. A natural parent or a person acting in place of a

natural parent, such as a guardian, a child's natural grandparent, or a

step-parent with whom the child lives. The term also includes otherwise

unrelated individuals who are legally responsible for a child's

welfare.

(r) Project. The locally planned and implemented Foster Grandparent

Program activity or set of activities as agreed upon between a sponsor

and the Corporation.

(s) Qualified Individual With a Disability. An individual with a

disability who, with or without reasonable accommodation, can perform

the essential functions of a volunteer position that such individual

holds or desires. For purposes of the Americans With Disabilities Act,

consideration shall be given to a sponsor's or volunteer station's

judgment as to what functions of a volunteer position are essential. If

a sponsor has prepared a written description before advertising or

interviewing applicants for the position, the written description shall

be considered evidence of the essential functions of the volunteer

position. This definition includes an individual with a physical or

mental impairment as defined in section 101(8) of the Americans With

Disabilities Act of 1990 (42 U.S.C. 12111(8)).

(t) Service Area. The geographically defined area in which Foster

Grandparents are recruited, enrolled, and placed on assignments.

(u) Service Schedule. A written delineation of the days and times a

Foster Grandparent serves each week.

(v) Sponsor. A public agency or private nonprofit organization that

is responsible for the operation of a Foster Grandparent project.

(w) Stipend. A payment to Foster Grandparents to enable them to

serve without cost to themselves. The amount of the stipend is

determined by the Corporation and is payable in regular installments.

The minimum amount of the stipend is set by law and shall be adjusted

by the CEO from time to time.

(x) Trust Act. The National and Community Service Trust Act of

1993,

[[Page 46966]]

Pub. L. 103-82, Sept. 21, 1993, 107 Stat. 785.

(y) United States and States. Each of the several States, the

District of Columbia, the U.S. Virgin Islands, the Commonwealth of

Puerto Rico, Guam and American Samoa, and Trust Territories of the

Pacific Islands.

(z) Volunteer Station. A public agency, private nonprofit

organization or proprietary health care agency or organization that

accepts the responsibility for assignment and supervision of Foster

Grandparents in health, education, social service or related settings

such as private homes, hospitals, homes for dependent and neglected

children, or similar establishments. Each volunteer station must be

licensed or otherwise certified, when required, by the appropriate

state or local government. Private homes are not volunteer stations.

Subpart B--Eligibility and Responsibilities of a Sponsor

Sec. 2552.21 Who is eligible to serve as a sponsor?

The Corporation awards grants to public agencies, including Indian

tribes and non-profit private organizations, in the United States that

have the authority to accept and the capability to administer a Foster

Grandparent project.

Sec. 2552.22 What are the responsibilities of a sponsor?

A sponsor is responsible for fulfilling all project management

requirements necessary to accomplish the purposes of the Foster

Grandparent Program as specified in the Act. A sponsor shall not

delegate or contract these responsibilities to another entity. A

sponsor shall comply with all program regulations and policies, and

grant provisions prescribed by the Corporation.

Sec. 2552.23 What are a sponsor's program responsibilities?

A sponsor shall:

(a) Focus Foster Grandparent resources on critical problems

affecting children with special and exceptional needs within the

project's service area.

(b) Assess on an ongoing basis or collaborate with other community

organizations in the assessment of the needs of the client population

in the community and develop strategies to respond to those needs using

the resources of Foster Grandparents.

(1) Ensuring that a volunteer station is a public or non-profit

private organization, or an eligible proprietary health care agency,

capable of serving as a volunteer station for the placement of Foster

Grandparents;

(2) Ensuring that the placement of Foster Grandparents, will be

governed by a Memorandum of Understanding:

(i) That is negotiated prior to placement;

(ii) That specifies the mutual responsibilities of the station and

sponsor; and

(iii) That is renegotiated at least every three years;

(3) Reviewing volunteer placements regularly to ensure that clients

are eligible to be served.

(d) Develop Foster Grandparent service opportunities to support

locally-identified needs of eligible children in a way that consider

the skills and experiences of Foster Grandparents.

(e) Consider the demographic make-up of the project service area in

the enrollment of Foster Grandparents, taking special efforts to

recruit eligible individuals from minority groups, persons with

disabilities, and under-represented groups.

(f) Provide Foster Grandparents: with assignments that show direct

and demonstrable benefits to the children and the community served, the

Foster Grandparents, and the volunteer station; with required cost

reimbursements specified in Sec. 2552.45; with the opportunity to serve

year-round; with not less than 40 hours of pre-service orientation and

4 hours of monthly in-service training.

(g) Encourage the most efficient and effective use of Foster

Grandparents by coordinating project services and activities with

related national, state and local programs, including other Corporation

programs.

(h) Conduct an annual appraisal of volunteers' performance and

annual review of their income eligibility.

(i) Develop, and regularly update, a strategic plan that includes

the sponsor's vision and goals for the project.

(j) Develop, and annually update, a plan for promoting senior

service within the project's service area.

(k) Annually assess the accomplishments and impact of the project

on the identified needs and problems of the client population in the

community.

(l) Establish written service policies for Foster Grandparents that

include but are not limited to annual and sick leave, holidays, service

schedules, termination, appeal procedures, meal and transportation

reimbursements.

Sec. 2552.24 What are a sponsor's responsibilities for securing

community participation?

(a) A sponsor shall secure community participation in local project

operation by establishing an Advisory Council or a similar

organizational structure with a membership that includes people:

(1) Knowledgeable of human and social needs of the community;

(2) Competent in the field of community service, volunteerism and

children's issues;

(3) Capable of helping the sponsor meet its administrative and

program responsibilities including fund-raising, publicity and

programming for impact;

(4) With interest in and knowledge of the capability of older

adults; and

(5) Of a diverse composition that reflects the demographics of the

service area.

(b) The sponsor determines how such participation shall be secured

consistent with the provisions of paragraphs (a)(1) through (a)(5) of

this section.

Sec. 2552.25 What are a sponsor's administrative responsibilities?

A sponsor shall:

(a) Assume full responsibility for securing maximum and continuing

community financial and in-kind support to operate the project

successfully.

(b) Develop a written delegation of authority that carefully

defines and clearly delineates project roles and responsibilities

retained by the sponsor from those delegated to project staff.

accomplish the purposes of the project and carry out those project

management responsibilities outlined in the above mentioned delegation

of authority and provide necessary administrative support to such

project staff.

(d) Employ a full-time project director to accomplish program

objectives and manage the functions and activities delegated to project

staff for NSSC program(s) within its control. A full-time project

director shall not serve concurrently in another capacity, paid or

unpaid, during established working hours. The project director may

participate in activities to coordinate program resources with those of

related local agencies, boards or organizations. A sponsor may

negotiate the employment of a part-time project director with the

Corporation when it can justify that such an arrangement will result in

cost savings applied proportionately to both federal and non-federal

funds without adversely affecting the size, scope, and quality of

project operations.

[[Page 46967]]

(e) Consider all project staff as sponsor employees subject to its

personnel policies and procedures.

(f) Compensate project staff at a level that is comparable with

other similar staff positions in the sponsor organization and/or

project service area.

(g) Establish risk management policies and procedures covering

project and Foster Grandparent activities. This includes provision of

appropriate insurance coverage for Foster Grandparents, vehicles and

other properties used in the project.

(h) Establish record keeping/reporting systems in compliance with

Corporation requirements that ensure quality of program and fiscal

operations, facilitate timely and accurate submission of required

reports; and cooperate with Corporation evaluation and data collection

efforts.

(i) Comply with and ensure that all volunteer stations comply with,

all applicable civil rights laws and regulations, including providing

reasonable accommodation to qualified individuals with disabilities.

Sec. 2552.26 May a sponsor administer more than one program grant from

the Corporation?

A sponsor may administer more than one Corporation program grant.

Subpart C--Suspension and Termination of Corporation Assistance

Sec. 2552.31 What are the rules on suspension, termination, and denial

of refunding of grants?

(a) The Chief Executive Officer or designee is authorized to

suspend further payments or to terminate payments under any grant

providing assistance under the Act whenever he/she determines there is

a material failure to comply with applicable terms and conditions of

the grant. The Chief Executive Officer shall prescribe procedures to

ensure that:

(1) Assistance under the Act shall not be suspended for failure to

comply with applicable terms and conditions, except in emergency

situations for thirty days;

(2) An application for refunding under the Act may not be denied

unless the recipient has been given:

(i) Notice at least 75 days before the denial of such application

of the possibility of such denial and the grounds for any such denial;

and

(ii) Opportunity to show cause why such action should not be taken;

(3) In any case where an application for refunding is denied for

failure to comply with the terms and conditions of the grant, the

recipient shall be afforded an opportunity for an informal hearing

before an impartial hearing officer, who has been agreed to by the

recipient and the Corporation; and

(4) Assistance under the Act shall not be terminated for failure to

comply with applicable terms and conditions unless the recipient has

been afforded reasonable notice and opportunity for a full and fair

hearing.

(b) In order to assure equal access to all recipients, such

hearings or other meetings as may be necessary to fulfill the

requirements of this section shall be held in locations convenient to

the recipient agency.

refunding, that apply to the Foster Grandparent Program are specified

in 45 CFR part 1206.

Subpart D--Foster Grandparent Eligibility, Status and Cost

Reimbursements

Sec. 2552.41 Who is eligible to be a Foster Grandparent?

(a) To be a Foster Grandparent an individual must:

(1) Be 60 years of age or older;

(2) Be determined by a physical examination to be capable, with or

without reasonable accommodation of serving children with exceptional

or special needs without detriment to either themselves or the children

served;

(3) Be able and available to perform service on a year round basis;

(4) Agree to abide by all requirements as set forth in this part;

and

(5) In order to receive a stipend, have an income that is within

the income eligibility guidelines specified in this subpart.

(b) Eligibility to be a Foster Grandparent shall not be restricted

on the basis of formal education, experience, race, religion, color,

national origin, sex, age, handicap, or political affiliation.

Sec. 2552.42 What income guidelines govern eligibility to serve as a

stipended Foster Grandparent?

(a) To be enrolled and receive a stipend, a Foster Grandparent

cannot have an annual income from all sources, after deducting

allowable medical expenses, which exceeds the program's income

eligibility guideline for the state in which he or she resides. The

income eligibility guideline for each state is the higher amount of

either:

(1) 125 percent of the poverty line as set forth in 42 U.S.C. 9902

(2); or

(2) 135 percent of the poverty line, in those primary metropolitan

statistical areas (PMSA), metropolitan statistical areas (MSA) and non-

metropolitan counties identified by the Corporation as being higher in

cost of living, as determined by application of the Volunteers in

Service to America (VISTA) subsistence rates. In Alaska the guideline

may be waived by the Corporation State Director if a project

demonstrates that low-income individuals in that location are

participating in the project.

(b) Annual income is counted for the past 12 months and includes

the applicant or enrollee's income and that of his/her spouse, if the

spouse lives in the same residence. Sponsors should also count the

value of shelter, food, and clothing, if provided at no cost by persons

related to the applicant, enrollee, or spouse.

expenses for health insurance premiums, health care services, and

medications provided to the applicant, enrollee, or spouse which were

not and will not be paid by Medicare, Medicaid, other insurance, or

other third party pay or, and which do not exceed 15 percent of the

applicable income guideline.

(d) Applicants whose income is not more than 100 percent of the

poverty line shall be given special consideration for enrollment.

(e) Once enrolled, a Foster Grandparent shall remain eligible to

serve and to receive a stipend so long as his or her income, does not

exceed the applicable income eligibility guideline by 20 percent.

Sec. 2552.43 What is considered income for determining volunteer

eligibility?

(a) For determining eligibility, ``income'' refers to total cash

receipts before taxes from all sources including:

(1) Money, wages, and salaries before any deduction, but not

including food or rent in lieu of wages;

(2) Receipts from self-employment or from a farm or business after

deductions for business or farm expenses;

(3) Regular payments for public assistance, Social Security,

Unemployment or Workers Compensation, strike benefits, training

stipends, alimony, child support, and military family allotments, or

other regular support from an absent family member or someone not

living in the household;

(4) Government employee pensions, private pensions, and regular

insurance or annuity payments; and

(5) Income from dividends, interest, net rents, royalties, or

income from estates and trusts.

(b) For eligibility purposes, income does not refer to the

following money receipts:

(1) Any assets drawn down as withdrawals from a bank, sale of

[[Page 46968]]

property, house or car, tax refunds, gifts, one-time insurance payments

or compensation from injury.

(2) Non-cash income, such as the bonus value of food and fuel

produced and consumed on farms and the imputed value of rent from

owner-occupied farm or non-farm housing.

Sec. 2552.44 Is a Foster Grandparent a federal employee, an employee

of the sponsor or of the volunteer station?

Foster Grandparents are volunteers, and are not employees of the

sponsor, the volunteer station, the Corporation, or the Federal

Government.

Sec. 2552.45 What cost reimbursements are provided to Foster

Grandparents?

Cost reimbursements include:

(a) Stipend. A Foster Grandparent who is income eligible will

receive a stipend in an amount determined by the Corporation and

payable in regular installments, to enable them to serve without cost

to themselves. The stipend is paid for the time Foster Grandparents

spend with their assigned children, for earned leave, and for

attendance at official project events.

(1) Foster Grandparents who are income eligible and are related to

each other are entitled to receive a stipend if they live in

independent or separate households. One eligible member of a family

from the same household is entitled to receive a stipend. Additional

members from such families who are income eligible are entitled to

other cost reimbursements payable from grant funds.

(2) Only in cases where Foster Grandparents or Senior Companions

marry after enrollment in the program, may each continue to receive a

stipend, provided that they remain income eligible.

(b) Insurance. A Foster Grandparent is provided with the

Corporation-specified minimum levels of insurance as follows:

(1) Accident Insurance. Accident insurance covers Foster

Grandparents for personal injury during travel between their homes and

places of assignment, during their volunteer service, during meal

periods while serving as a volunteer, and while attending project-

sponsored activities. Protection shall be provided against claims in

excess of any benefits or services for medical care or treatment

available to the volunteer from other sources.

(2) Personal liability Insurance. Protection is provided against

claims in excess of protection provided by other insurance. It does not

include professional liability coverage.

(3) Excess automobile liability Insurance. (i) For Foster

Grandparents who drive in connection with their service, protection is

provided against claims in excess of the greater of either:

(A) Liability insurance volunteers carry on their own automobiles;

(B) The limits of applicable state financial responsibility law, or

in its absence, levels of protection to be determined by the

Corporation for each person, each accident, and for property damage.

(ii) Foster Grandparents who drive their personal vehicles to or on

assignments or project-related activities shall maintain personal

automobile liability insurance equal to or exceeding the levels

established by the Corporation.

the cost of transportation to and from volunteer assignments and

official project activities, including orientation, training, and

recognition events.

(d) Physical examination. Foster Grandparents are provided a

physical examination prior to assignment and annually thereafter; to

ensure that they will be able to provide supportive service without

injury to themselves or the children served.

(e) Meals and recognition. Foster Grandparents are provided the

following within limits of the project's available resources:

(1) Assistance with the cost of meals taken while on assignment;

and

(2) Recognition for their service.

Sec. 2552.46 May the cost reimbursements of a Foster Grandparent be

subject to any tax or charge, be treated as wages or compensation, or

affect eligibility to receive assistance from other programs?

No. Foster Grandparent's cost reimbursements are not subject to any

tax or charge or treated as wages or compensation for the purposes of

unemployment insurance, worker's compensation, temporary disability,

retirement, public assistance, or similar benefit payments or minimum

wage laws. Cost reimbursements are not subject to garnishment, and do

not reduce or eliminate the level of, or eligibility for, assistance or

services a Foster Grandparent may be receiving under any governmental

program.

Subpart E--Foster Grandparent Terms of Service

Sec. 2552.51 What are the terms of service of a Foster Grandparent?

(a) A Foster Grandparent usually serves a total of twenty hours a

week.

(b) Up to 20 percent of a project's budgeted Volunteer Service

Years (VSYs) may support volunteers serving an average of 20 hours per

week provided that the total for each volunteer is 80 hours for each

four week period served. No volunteer covered by this provision shall

serve less than two or more than eight hours per day.

three days, or more than five days a week.

(d) A Foster Grandparent shall not serve more than 1044 hours per

budget year.

Sec. 2552.52 Under what circumstances may a Foster Grandparent be

allowed to serve a modified service schedule?

Foster Grandparents who have served at least ten years in the

program, and are determined by a medical examination to have physical

limitations that prevent them from meeting the terms of service

specified in Sec. 2552.51 may be allowed to serve a modified schedule

of not less than 10 hours a week for a period not to exceed two years

from the time such a determination is made.

Sec. 2552.53 What factors are considered in determining a Foster

Grandparent's service schedule?

(a) Travel time between the Foster Grandparent's home and place of

assignment is not part of the service schedule and is not stipended.

(b) Travel time between individual assignments is a part of the

service schedule and is stipended.

only if it is specified in the care plan as part of the service

activity.

Sec. 2552.54 Under what circumstances may a Foster Grandparent's

service be terminated?

(a) A sponsor may remove a Foster Grandparent from service for

cause. Grounds for removal include but are not limited to: extensive

and unauthorized absences; misconduct; inability to perform

assignments; and failure to accept supervision. A Foster Grandparent

may also be removed from service for having income in excess of the

eligibility level.

(b) The sponsor shall establish appropriate policies on service

termination as well as procedures for appeal from such adverse action.

Sec. 2552.55 Are Foster Grandparents eligible for leave?

(a) Foster Grandparents are provided a reasonable amount of

stipended leave which cannot exceed four hours of annual, and two hours

of sick leave, for each month of service under the terms specified in

Sec. 2552.51. Leave amounts should be adjusted for Foster Grandparents

serving modified service schedules.

[[Page 46969]]

(b) Accrued stipended leave must be used within the budget period

in which it was earned.

natural catastrophes or weather emergencies declared by appropriate

authorities in the service area may be granted stipended leave for the

duration of the emergency with proper documentation from the sponsor.

Subpart F--Responsibilities of a Volunteer Station

Sec. 2552.61 When may a sponsor serve as a volunteer station?

(a) A sponsor may function as a volunteer station if it is:

(1) A State organization administering a statewide Foster

Grandparent project where the volunteer station is part of the State

organization; or

(2) A Federal or State-recognized Indian tribal government.

(b) Other sponsors not included in the categories specified in

paragraphs (a)(1) and (a)(2) of this section, can serve as a volunteer

station provided that no more than 20 percent of its budgeted VSYs can

be placed in programs administered by such sponsors.

Sec. 2552.62 What are the responsibilities of a volunteer station?

A volunteer station shall undertake the following responsibilities

in support of Foster Grandparent volunteers:

(a) Develop volunteer assignments that meet the requirements

specified in Secs. 2552.71 through 2552.74 and regularly assess those

assignments for continued appropriateness.

(b) Select eligible children for assigned volunteers.

of the child and the role and activities of the Foster Grandparent.

(d) Obtain a Letter of Agreement for Foster Grandparents assigned

in-home. In cases where the confidentiality of clients needs to be

protected, a modified document that does not reveal client identities

shall be used.

(e) Provide Foster Grandparents serving the station with:

(1) Orientation to the station and any in-service training

necessary to enhance performance of assignments;

(2) Resources required for performance of assignments including

reasonable accommodation; and

(3) Appropriate recognition.

(f) Designate a staff member to oversee fulfillment of station

responsibilities and supervision of Foster Grandparents while on

assignment.

(g) Keep records and prepare reports required by the sponsor.

(h) Provide for the safety of Foster Grandparents assigned to it.

(i) Comply with all applicable civil rights laws and regulations

including reasonable accommodation for Foster Grandparents with

disabilities.

(j) Undertake such other responsibilities as may be necessary to

the successful performance of Foster Grandparents in their assignments

or as agreed to in the Memorandum of Understanding.

Subpart G--Foster Grandparent Placements and Assignments

Sec. 2552.71 What is the required minimum number of eligible children

in a volunteer station?

A volunteer station must have a minimum of four eligible children

with critical priority needs to accommodate the services of two or more

Foster Grandparents.

Sec. 2552.72 Must all Foster Grandparent placements be year-round?

Priority shall be given to volunteer stations that can place Foster

Grandparents year round. If a volunteer station does not operate on a

year-round basis, a sponsor shall develop alternate placements for the

Foster Grandparents assigned to the volunteer station when it is not in

operation.

Sec. 2552.73 What requirements govern the assignment of Foster

Grandparents?

Foster Grandparent assignments shall:

(a) Provide for Foster Grandparents to give direct services to one

or more eligible children. Foster Grandparents cannot be assigned to

roles such as teacher's aides, group leaders or other similar positions

that would detract from the person-to-person relationship.

(b) Result in person-to-person supportive relationships with each

child served.

(d) Be meaningful to the Foster Grandparent.

(e) Be supported by appropriate orientation, training and

supervision.

Sec. 2552.74 Is a written care plan required for each volunteer

station and what purpose does it serve?

(a) All Foster Grandparents shall receive a written care plan

developed by the volunteer station that:

(1) Is approved by the sponsor and accepted by the Foster

Grandparent;

(2) Identifies the individual child(ren) to be served;

(3) Identifies each child's needs and the role and activities of

the Foster Grandparent;

(4) Addresses the period of time each child should receive such

services; and

(5) Is used to review the status of the Foster Grandparent's

services in working with the assigned child, as well as the impact of

the assignment on the child's development.

(b) A generic care plan may be used in cases when client turnover

occurs on a daily, or weekly basis, or when clients served suffer from

identical or similar illnesses or disabilities.

Subpart H--Children Served

Sec. 2552.81 What type of children are eligible to be served?

Foster Grandparents serve only children and youth with special and

exceptional needs who are 21 years of age or under.

Sec. 2552.82 Under what circumstances may a Foster Grandparent

continue to serve a child beyond his or her 21st birthday?

(a) Only when a Foster Grandparent has been assigned to, and has

developed a relationship with, a mentally retarded child, that

assignment may continue beyond the child's 21st birthday, provided

that:

(1) Such child was receiving such services prior to attaining the

chronological age of 21, and the continuation of service is in the best

interest of the child; and

(2) The sponsor determines that it is in the best interest of both

the Foster Grandparent and the child for the assignment to continue.

Such a determination will be made through mutual agreement by all

parties involved in the provision of services to the child served.

(b) In cases where the assigned Foster Grandparent becomes

unavailable to serve a particular child, the sponsor may select another

Foster Grandparent to continue the service.

over age 21, if it determines that such service is no longer in the

best interest of either the Foster Grandparent or the child served.

Subpart I--Application and Fiscal Requirements

Sec. 2552.91 Application and award process.

(a) How and when may an eligible organization apply for a grant?

(1) An eligible organization may file an application for a grant at

any time.

(2) Before submitting an application an applicant shall determine

the availability of funds from the Corporation.

(3) The Corporation may also solicit grants. Applicants solicited

under this provision are not assured of selection or approval and may

have to compete with

[[Page 46970]]

other solicited or unsolicited applications.

(b) What must an eligible organization include in a grant

application?

(1) An applicant shall complete standard forms prescribed by the

Corporation.

(2) The applicant shall comply with the provisions of Executive

Order 12372 ``Intergovernmental Review of Federal Programs,'' (3 CFR,

1982 Comp., p.197) in 45 CFR Part 1233, and any other applicable

requirements.

awarded?

(1) The Corporation reviews and determines the merit of an

application by its responsiveness to published guidelines and to the

overall purpose and objectives of the program. When funds are

available, the Corporation awards a grant in writing to each applicant

whose grant proposal provides the best potential for serving the

purpose of the program. The award will be documented by Notice of Grant

Award (NGA).

(2) The Corporation and the sponsoring organization are the parties

to the NGA. The NGA will document the sponsor's commitment to fulfill

specific programmatic objectives and financial obligations. It will

document the extent of the Corporation's obligation to provide

financial support to the sponsor.

(d) What happens if the Corporation rejects an application? The

Corporation will return an application that is not approved for funding

to the applicant with an explanation of the Corporation's decision.

(e) For what period of time does the Corporation award a grant? The

Corporation awards a Foster Grandparent grant for a specified period

that is usually 12 months in duration.

Sec. 2552.92 Project funding requirements.

(a) Is non-Corporation support required? A Corporation grant may be

awarded to fund up to 90 percent of the cost of development and

operation of a Foster Grandparent project. The sponsor is required to

contribute at least 10 percent of the total project cost from non-

Federal sources or authorized Federal sources.

(b) Under what circumstances does the Corporation allow less than

the 10 percent non-Corporation support? The Corporation may allow

exceptions to the 10 percent local support requirement in cases of

demonstrated need such as:

(1) Initial difficulties in the development of local funding

sources during the first three years of operations; or

(2) An economic downturn, the occurrence of a natural disaster, or

similar events in the service area that severely restricts or reduces

sources of local funding support; or

(3) The unexpected discontinuation of local support from one or

more sources that a project has relied on for a period of years.

generated contributions in excess of the 10 percent non-Corporation

support required? Whenever locally generated contributions to Foster

Grandparent projects are in excess of the minimum 10 percent non-

Corporation support required, the Corporation may not restrict the

manner in which such contributions are expended provided such

expenditures are consistent with the provisions of the Act.

(d) Are program expenditures subject to audit? All expenditures by

the grantee of Federal and non-Federal funds, including expenditures

from excess locally generated contributions in support of the grant,

are subject to audit by the Corporation, its Inspector General or their

authorized agents.

(e) How are Foster Grandparent cost reimbursements budgeted? The

total of cost reimbursements for Foster Grandparents, including

stipends, insurance, transportation, meals, physical examinations, and

recognition, shall be a sum equal to at least 80 percent of the amount

of the federal share of the grant award. Federal, required and excess

non-Corporation resources can be used to make up the amount allotted

for cost reimbursements.

(f) May a sponsor pay stipends at a rate different than the rate

established by the Corporation? A sponsor shall pay stipends at the

same rate as that established by the Corporation.

Sec. 2552.93 Grants management requirements.

What rules govern a sponsor's management of grants?

(a) A sponsor shall manage a grant awarded in accordance with:

(1) The Act;

(2) Regulations in this part;

(3) 45 CFR Part 2541, ``Uniform Requirements for Grants and

Cooperative Agreements with State and Local Governments'', or 45 CFR

Part 2543, ``Grants and Agreements with Institutions of Higher

Education, Hospitals, and Other Non-Profit Organizations';

(4) The following OMB Circulars, as appropriate A-21, ``Cost

Principles for Institutions of Higher Education'', A-87, ``Cost

Principles for State and Local Governments'', A-122, ``Cost Principles

for Non-Profit Organizations'', and A-133, ``Audits of Institutions of

Higher Education and Other Non-Profit Organizations'' (OMB circulars

are available at the following address: Office of Administration,

Publication Office, 725 17th Street, N.W., Room 2200, Washington, D.C.

20503.); and

(5) Other applicable Corporation requirements.

(b) Project support provided under a Corporation grant shall be

furnished at the lowest possible cost consistent with the effective

operation of the project.

justified as being necessary and essential to project operation.

(d) Other than reimbursement for meals during a normal meal period,

project funds shall not be used to reimburse volunteers for expenses,

including transportation costs, incurred while performing their

volunteer assignments. Equipment or supplies for volunteers on

assignment are not allowable costs. Assignment-related costs of

transportation, equipment, supplies, etc. are the responsibility of the

volunteer station or a third party, and are not an allowable grant

cost.

(e) Volunteer expense items, including transportation, meals,

recognition activities and items purchased at the volunteers' own

expense and which are not reimbursed, are not allowable as

contributions to the non-Federal share of the budget.

(f) Costs of other insurance not required by program policy, but

maintained by a sponsor for the general conduct of its activities are

allowable with the following limitations:

(1) Types and extent of and cost of coverage are according to sound

institutional and business practices;

(2) Costs of insurance or a contribution to any reserve covering

the risk of loss of or damage to Government-owned property are

unallowable unless the government specifically requires and approves

such costs; and

(3) The cost of insurance on the lives of officers, trustees or

staff is unallowable except where such insurance is part of an employee

plan which is not unduly restricted.

(g) Costs to bring a sponsor into basic compliance with

accessibility requirements for individuals with disabilities are not

allowable costs.

(h) Payments to settle discrimination allegations, either

informally through a settlement agreement or formally as a result of a

decision finding discrimination, are not allowable costs.

(i) Written Corporation approval/concurrence is required for the

[[Page 46971]]

following changes in the approved grant:

(1) Reduction in budgeted volunteer service years.

(2) Change in the service area.

(3) Transfer of budgeted line items from Volunteer Expenses to

Support Expenses. This requirement does not apply if the 80 percent

volunteer cost reimbursement ratio is maintained.

Subpart J--Non-Stipended Foster Grandparents

Sec. 2552.101 What rule governs the recruitment and enrollment of

persons who do not meet the income eligibility guidelines to serve as

Foster Grandparents without stipends?

Over-income persons, age 60 or over, may be enrolled in FGP

projects as non-stipended volunteers in communities where there is no

RSVP project or where agreement is reached with the RSVP project that

allows for the enrollment of non-stipended volunteers in the FGP

project.

Sec. 2552.102 What are the conditions of service of non-stipended

Foster Grandparents?

Non-stipended Foster Grandparents serve under the following

conditions:

(a) They must not displace or prevent eligible low-income

individuals from becoming Foster Grandparents.

(b) No special privilege or status is granted or created among

Foster Grandparents, stipended or non-stipended, and equal treatment is

required.

reimbursements, other than the stipend, are available equally to all

Foster Grandparents.

(d) All regulations and requirements applicable to the program,

with the exception listed in paragraph (f) of this section, apply to

all Foster Grandparents.

(e) Non-stipended Foster Grandparents may be placed in separate

volunteer stations where warranted.

(f) Non-stipended Foster Grandparents will be encouraged but not

required to serve 20 hours per week and 50 weeks per year. Foster

Grandparents will maintain a close person-to-person relationship with

their assigned children on a regular basis.

(g) Non-stipended Foster Grandparents may contribute the costs they

incur in connection with their participation in the program. Such

contributions are not counted as part of the required non-federal share

of the grant but may be reflected in the budget column for excess non-

federal resources.

Sec. 2552.103 Must a sponsor be required to enroll non-stipended

Foster Grandparents?

Enrollment of non-stipended Foster Grandparents is not a factor in

the award of new or renewal grants.

Sec. 2552.104 May Corporation funds be used for non-stipended Foster

Grandparents?

Federally appropriated funds for FGP shall not be used to pay any

cost, including any administrative cost, incurred in implementing the

regulations in this part for non-stipended Foster Grandparents.

Subpart K--Non-Corporation Funded FGP Projects

Sec. 2552.111 Under what conditions can an agency or organization

sponsor a Foster Grandparent project without Corporation funding?

An eligible agency or organization who wishes to sponsor a Foster

Grandparent project without Corporation funding, must sign a Memorandum

of Agreement with the Corporation that:

(a) Certifies its intent to comply with all Corporation

requirements for the Foster Grandparent Program; and

(b) Identifies responsibilities to be carried out by each party.

Sec. 2552.112 What benefits are a non-Corporation funded project

entitled to?

The Memorandum of Agreement entitles the sponsor of a non-

Corporation funded project to:

(a) All technical assistance and materials provided to Corporation-

funded Foster Grandparent projects; and

(b) The application of the provisions of Section 404 (f)(1) and

Section 418 of the Act.

Sec. 2552.113 What financial obligation does the Corporation incur for

non-Corporation funded projects?

Entry into a Memorandum of Agreement with, or issuance of an NGA to

an sponsor of non-Corporation funded project, does not create a

financial obligation on the part of the Corporation for any costs

associated with the project, including increases in required payments

to Foster Grandparents that may result from changes in the Act or in

program regulations.

Sec. 2552.114 What happens if a non-Corporation funded sponsor does

not comply with the Memorandum of Agreement?

A non-Corporation funded project sponsor's noncompliance with the

Memorandum of Agreement shall result in suspension or termination of

the Corporation's agreement and all benefits specified in

Sec. 2552.112.

Subpart L--Restrictions and Legal Representation

Sec. 2552.121 What legal limitations apply to the operation of the

Foster Grandparent Program and to the expenditure of grant funds?

(a) Political activities. (1) No part of any grant shall be used to

finance, directly or indirectly, any activity to influence the outcome

of any election to public office, or any voter registration activity.

(2) No project shall be conducted in a manner involving the use of

funds, the provision of services, or the employment or assignment of

personnel in a matter supporting or resulting in the identification of

such project with:

(i) Any partisan or nonpartisan political activity associated with

a candidate, or contending faction or group, in an election; or

(ii) Any activity to provide voters or prospective voters with

transportation to the polls or similar assistance in connection with

any such election; or

(iii) Any voter registration activity, except that voter

registration applications and nonpartisan voter registration

information may be made available to the public at the premises of the

sponsor, but, in making such information available, employees of the

sponsor shall not express preferences or seek to influence decisions

concerning any candidate, political party, election issue, or voting

decision.

(3) The sponsor shall not use grant funds in any activity for the

purpose of influencing the passage or defeat of legislation or

proposals by initiative petition, except:

(i) In any case in which a legislative body, a committee of a

legislative body, or a member of a legislative body requests any

volunteer in, or employee of such a program to draft, review or testify

regarding measures or to make representation to such legislative body,

committee or member; or

(ii) In connection with an authorization or appropriations measure

directly affecting the operation of the Foster Grandparent Program.

(b) Non-displacement of employed workers. A Foster Grandparent

shall not perform any service or duty or engage in any activity which

would otherwise be performed by an employed worker or which would

supplant the hiring of or result in the displacement of employed

workers, or impair existing contracts for service.

which NSSC volunteers are assigned, or which operates or supervises any

NSSC program shall not request or receive any

[[Page 46972]]

compensation from NSSC volunteers or from beneficiaries for services of

NSSC volunteers.

(2) This section does not prohibit a sponsor from soliciting and

accepting voluntary contributions from the community at large to meet

its local support obligations under the grant or from entering into

agreements with parties other than beneficiaries to support additional

volunteers beyond those supported by the Corporation grant.

(3) A Foster Grandparent volunteer station may contribute to the

financial support of the Foster Grandparent Program. However, this

support shall not be a required precondition for a potential station to

obtain or retain Foster Grandparent service. If a volunteer station

agrees to provide funds to support additional Foster Grandparents or

pay for other Foster Grandparent support costs, the agreement shall be

stated in a written memorandum of understanding.

(4) The sponsor shall withdraw services if the station's inability

to provide monetary or in-kind support to the project diminishes or

jeopardizes the project's financial capabilities to fulfill its

obligations.

(5) Under no circumstances shall a Foster Grandparent receive a fee

for service from service recipients, their legal guardian, members of

their family, or friends.

(d) Labor and anti-labor activity. The sponsor shall not use grant

funds directly or indirectly to finance labor or anti-labor

organization or related activity.

(e) Fair labor standards. A sponsor that employs laborers and

mechanics for construction, alteration, or repair of facilities shall

pay wages at prevailing rates as determined by the Secretary of Labor

in accordance with the Davis-Bacon Act, as amended.

(f) Nondiscrimination. A sponsor or sponsor employee shall not

discriminate against a Foster Grandparent on the basis of race, color,

national origin, sex, age, religion, or political affiliation, or on

the basis of disability, if the Foster Grandparent with a disability is

qualified to serve.

(g) Religious activities. A Foster Grandparent or a member of the

project staff funded by the Corporation shall not give religious

instruction, conduct worship services or engage in any form of

proselytization as part of his or her duties.

(h) Nepotism. Persons selected for project staff positions shall

not be related by blood or marriage to other project staff, sponsor

staff or officers, or members of the sponsor Board of Directors, unless

there is written concurrence from the community group established by

the sponsor under Subpart B of this part and with notification to the

Corporation.

Sec. 2552.122 What legal coverage does the Corporation make available

to Foster Grandparents?

It is within the Corporation's discretion to determine if Counsel

is employed and counsel fees, court costs, bail and other expenses

incidental to the defense of a Foster Grandparent is paid in a

criminal, civil or administrative proceeding, when such a proceeding

arises directly out of performance of the Foster Grandparent's

activities. The circumstances under which the Corporation may pay such

expenses are specified in 45 CFR part 1220.

Dated: August 25, 1998.

Thomas L. Bryant,

Acting General Counsel.

[FR Doc. 98-23301 Filed 9-2-98; 8:45 am]

BILLING CODE 6050-28-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.